The investigation might involve interviewing your child, witnesses and the person who is alleged to have committed the abuse. It may also include examining other materials, such as medical evidence or electronic devices. While the police carry out their investigation, the person who is alleged to have committed the abuse may be placed ‘under investigation’. This means they have been released from custody without charge and without bail conditions, and that the investigation is ongoing.
The Code of Practice for Victims of Crime includes certain rights for your child, including information that they and you are entitled to receive from the police.
Once the police have investigated a suspect, they will decide what happens next. The police can:
The CPS is independent from the police. Their job is to make sure that the right charges are brought against suspects, to prepare cases to be presented at court and to provide advice and support for victims and witnesses.
When deciding whether to charge someone for criminal offences, the CPS must be satisfied that there is sufficient evidence to provide a realistic prospect of conviction and that prosecuting the case is in the public interest.
If the CPS decide to charge the suspect and the case proceeds to a court hearing, you and your child will be informed of the date, time and location. If you are concerned that you have not received this information you should contact the investigating officer.
In the time between a suspect’s charge and their first court appearance, they will be released on bail or remanded in custody, which means they will spend time in prison until the court date. This decision will consider:
- an assessment of the risk the suspect might pose to your child, the public and any witnesses
- previous offences the person may have committed
- the suspect’s previous compliance with bail conditions
- how likely it is that the suspect will fail to attend their court appearance.
If the suspect is granted bail there may be conditions imposed on them that they must abide by. These might include making sure they do not contact yourself or your child directly or through other people.
Find out more about the Code of Practice for Crown Prosecutors on their site.
Some offences can be dealt with at the Youth or Magistrates Court. Magistrates are trained volunteers who hear cases in courts in their community. They can impose a variety of sentences, but if they think they don’t have the right powers for sentencing, they might refer a defendant to the Crown Court where longer custodial sentences can be given.
The Crown Court deals with the most serious offences. These courts are presided over by judges, who are fully legally trained.
- If a defendant enters a not guilty plea at the Crown Court, the case will be heard in front of a jury. If a defendant is found guilty, the judge will determine the sentence they receive.
- If a defendant pleads guilty, they will be sentenced either on that date or a later date.
If your child needs to give evidence, they are entitled to special help. These measures are put in place to help vulnerable witnesses give their best evidence in court, and to try to reduce some of the
stress to them. These measures might include court staff removing wigs and gowns to make them less intimidating to children, using screens in the courtroom or video links, or giving pre-recorded video evidence.
They might also be offered a pre-trial visit so that they get used to how the court looks. There are also powers to provide life-long anonymity to witnesses and victims under 18 years at the time of the court appearance.
Hearings involving sexual offences against children may be conducted in private or without the press or public present, where the court believes that this is needed to provide the best evidence. However, there is no automatic right to a closed hearing and decisions on this will be made on an individual basis.
You can find more information about witness and victim support on the Crown Prosecution Service site.
Once a defendant has been convicted of an offence in court by pleading guilty or after being found guilty following a trial, the magistrate or judge will consider what sentence to give, based on set guidelines.
Find out more about sentencing guidelines through the Sentencing Council site.
Sentences might include the defendant:
- being sent to prison
- receiving a suspended prison sentence
- receiving a community sentence, such as rehabilitation, community service or carrying out specific activities
- being prevented from entering certain areas or from contacting particular people.
If the defendant receives a prison sentence of more than 12 months, you and your child should be offered contact with the probation Victim Contact Scheme, which will keep you updated and give you the opportunity to express your views about any victim-related conditions that could be placed on the defendant on their release from prison.
All defendants who plead guilty or are found guilty of a sexual offence against a child, including those given a caution by the police or receiving any court sentence, will be placed on the sex offenders register. The length of time on the register is determined by their sentence.
The CPS might decide not to charge a suspect, or not to continue a case if they think there isn’t enough evidence. Victims have the right to request a review of this decision under the Victims’ Right to Review scheme.
You can find out more about the Victims’ Right to Review scheme on the Victim Support website.
